6. A certificate of registration given in accordance with section 37, 56 or 64 must contain the following information—
(a) the name of the registered person;
(b) the date of registration;
(c) any unique reference number or other identifier issued by the Chief Inspector in respect of the registration;
(d) whether the registered person is registered in the early years register, Part A of the general childcare register or Part B of the general childcare register(10);
(e) whether the registered person is registered as a childminder or as a provider of childcare other than childminding;
(f) any conditions imposed on the registered person’s registration under section 38, 58 or 66 of the Act, and the date on which they were imposed;
(g) where the registered person is registered as a provider of childcare other than childminding, the address of the premises in respect of which that person is registered.
7. A combined certificate of registration given in accordance with section 92 of the Act must contain the name of the registered person and the information specified in regulation 6(b) to (g) in respect of each registration of that person.
8. The registration of a registered person may be suspended by the Chief Inspector, by notice, in the circumstances prescribed in regulation 9 for the period prescribed in regulation 10.
9. The circumstances prescribed for the purposes of section 69(1) of the Act are that the Chief Inspector reasonably believes that the continued provision of childcare by the registered person to any child may expose such a child to a risk of harm.
10.—(1) Subject to paragraph (2), the period for which the registration of a registered person may be suspended is six weeks beginning with the date specified in the notice of suspension given in accordance with paragraph (4).
(2) Subject to paragraph (3), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the Chief Inspector’s power to suspend registration may only be exercised so as to give rise to a continuous period of suspension of 12 weeks.
(3) Where, however, it is not reasonably practicable (for reasons beyond the control of the Chief Inspector)—
(a) to complete any investigation into the grounds for the Chief Inspector’s belief referred to in regulation 9, or
(b) for any necessary steps to be taken to eliminate or reduce the risk of harm referred to in regulation 9,
within a period of 12 weeks, the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a), or until the steps referred to in sub-paragraph (b) have been taken.
(4) A notice under regulation 8 may be given to the registered person—
(a) by delivering it to the registered person,
(b) by sending it by post, or
(c) subject to paragraph (5), by transmitting it electronically.
(5) If the notice is transmitted electronically, it is to be treated as given to the registered person only if—
(a) the registered person has indicated to the Chief Inspector a willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose, and
(b) the notice is sent to that address.
11. If, at any time during a period of suspension under regulation 8, it appears to the Chief Inspector that the circumstances prescribed in regulation 9 no longer exist, the Chief Inspector must lift the suspension.
12.—(1) A registered person whose registration has been suspended under regulation 8 may appeal to the Tribunal(11) against the suspension.
(2) On an appeal under paragraph (1), the Tribunal must either—
(a) confirm the Chief Inspector’s decision to suspend registration, or
(b) direct that the suspension shall cease to have effect.
(3) In a case where the suspension of a registered person’s registration ends before the Tribunal determines the appeal in accordance with paragraph (2), the Tribunal must dismiss the appeal.
13. In this Part of these Regulations, “harm” has the same meaning as in section 31(9) of the Children Act 1989(12).
Beverley Hughes
Minister of State
Department for Children, Schools and Families
31st March 2008
(This note is not part of the Regulations)
These Regulations contain provisions which are common to the registration of childcare providers in the early years register and the general childcare register. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) is required to maintain these registers by section 32 of the Childcare Act 2006 (“the Act”). The general childcare register is divided into Part A (later years provision for children under the age of 8) and Part B (voluntary registration).
Regulation 3 prescribes the date when a child reaches the age of 18 as the upper age limit for “later years provision” (as defined in section 96 of the Act). Consequently, a person providing childcare for children up to the age of 18 can be registered in Part B of the general childcare register.
Regulation 4 provides that the Chief Inspector can treat the requirements for registration as not being satisfied if consent is not given to the release of certain information to the Chief Inspector held by a third party. Regulation 5 prescribes the types of information in question.
Regulations 6 and 7 prescribe the information that must be contained in a certificate of registration issued to a person who is registered in the early years register or in the general childcare register, and in a combined certificate of registration issued to a person who is registered more than once.
Regulations 8 to 13 contain provisions about the Chief Inspector’s power to suspend a person’s registration. Under regulation 9, registration can be suspended where there is or could be a risk of harm to a child. Regulation 10 provides for the maximum period of suspension and makes further provision as to the notice of suspension. Regulation 12 provides for a right of appeal against suspension.
An Impact Assessment has not been produced for this instrument as no impact on business, charities or voluntary bodies is foreseen, and the impact on the public sector is minimal.
See section 32 of the Childcare Act 2006 for the requirement on the Chief Inspector to maintain the early years register and the general childcare register. Back [10]
See section 69(11) of the Childcare Act 2006 for the meaning of “the Tribunal”. Back [11]
Section 31(9) was amended by section 120 of the Adoption and Children Act 2002 (c.38). Back [12]